Family sues Morningside Recovery after son's death

A Missouri family is suing rehabilitation facilities Morningside Recovery and First House Detox for the wrongful death of its son who died from complications of bulimia in their care, according to a lawsuit filed last month in Orange County Superior Court.

Brandon Jacques sought treatment for bulimia and alcoholism with Morningside based in Newport Beach in March 2011. When complications related to the eating disorder arose, he was transferred to the Costa Mesa rehab clinic. Days later, the 20-year-old died of cardiac arrest.

Now Jacques's parents and older sister are suing the clinics and their operators for an unlimited amount in damages, alleging in a civil case that the clinics failed to administer proper care for their son, according to the suit filed March 29.

The case is the latest in a series of problems surrounding Morningside Recovery, including a running legal battle with the city of Newport Beach over code and zoning violations and nine other lawsuits from former patients or their families.

On Nov. 1, the state ordered the company to shut down its residential rehab programs by Nov. 2 and relocate its clients, said Suzi Rupp, spokeswoman for the California Department of Alcohol and Drug Programs. The agency also began proceedings to revoke Morningside's license after it was found that it had been careless with prescription drugs and was operating beyond the scope of its licenses, Rupp said.

On March 14, 2011, Brandon Jacques, seeking treatment for bulimia and co-occurring alcoholism, was admitted to the Newport Beach facility. He was transferred to Morningside from an Arizona sober living home, where he made progress with his drinking but continued to binge and purge. The Arizona facility believed bulimia was his primary problem, according to the lawsuit.

The lawsuit alleges Morningside understood that Jacques was coming to the center for treatment of the eating disorder and that it recognized the eating disorder was Jacques' primary problem.

Morningside, which advertises nationwide and has been featured on A&E Network's television show "Intervention," markets itself as a "'world class' recovery facility" in dealing with dual diagnostic cases such as Jacques', according to the lawsuit. Psychological disorders such as bulimia can co-occur with alcohol and drug abuse.

The family's lawsuit alleges that Morningside failed to properly treat and monitor their son's eating disorder. His binging and purging continued, causing hypokalemia – abnormally low potassium levels in the blood, according to the lawsuit.

On March 31, 2011, Morningside transferred Jacques to First House, a detox facility in Costa Mesa, to open more room for new clients, the lawsuit alleges. His parents were not consulted, nor did they know their son's life was at risk, according to the lawsuit.

On April 2, 2011, Jacques had a heart attack while watching television at First House and later died at Hoag Hospital.

The Jacques' lawsuit names Morningside CEO David Gates and President Raymond Yates as defendants, as well as First House owner Richard Perlin. Morningside and First House officials said they have not yet been served with the lawsuit.

"We are looking forward to being able to address any of the allegations in the (lawsuit)," Beatificato said.

Perlin said in an interview that his staff did not know about Brandon Jacques' bulimia. First House – which is now closed because of unrelated state violations – was a small non-medical detox facility that temporarily housed patients from nearby treatment centers, he said.

"A patient with these kinds of life-threatening conditions would not have been appropriate at First House," Perlin said, adding that Jacques should have been hospitalized.

After the death, Perlin said he showed Jacques' father Ted the facility.

"I walked the father around my facility. I let him literally cry on my shoulder. I gave them absolutely unobstructed access to my facility and what it did," he said. "I'm sad that they lost their son."

Brandon Jacques was husky as a child, his family says in the lawsuit. As a teenager, he became focused on his appearance, wrestling in junior high and purging to make weight. He was a bright student who excelled in high school, but his struggles with bulimia and later alcohol abuse led him to drop out of college. By seeking treatment, he was hoping to take up his studies again.